The clarion., 1887-04-06

| II accepts freight for shipment; and any
| freight shipped from the United States
! through foreign country into the United
| States. the through rate on which shall
not have been made public as required by
this act, shall, before it Is admitted into
| the United States from said foreign coun-
| try. be subject to customs duties, as il
| said freight were of foreign production;
and any law in conflict with this section
is hereby repealed.
Advances i'm Rates-Ten Days Notice.
Reduction in Rates.
No advance shall be made in the rates,
| fares, and charges which have been estab-
| lished and published as aforesaid by any
common carrier, in compliance with the
requirements of this section, except after
| ten days public notice, which shall plainly
state the changes proposed TO be made in
the schedule then in force, and the time
when the increased rates, fares, or charges
viii go into effect; and the proposed
changes shall be shown by printing new
schedules, or shall be plainly indicated
upon the schedules in force at the time
and kept for public inspection. Reduc-
| tions in such published rates, fares, or
| charges may be made without previous
| public notice; but whenever any such re
duction is made, notice OF the same shall
| Immediately be publicly posted and the
| changes made shall Immediately be made
| public by printing new schedules, or shall
| Immediately be plainly indicated upon the
| schedules at the time in force and kept
| for public inspection.
No Variation from Published Rates.
And when any such common carrier
shall have established and published its
| rates, fares and charges, in compliance
with the provisions of this section, it shall
| be unlawful for such common carrier to
charge, demand, collect or receive from
any person or persons a greater or less
| compensation for the transportation of
passengers or property, or for any ser
vices in connection Herewith, than is
| specified in such published schedule of
rates, fares and charges as may at any
| time be in force
Copies of Schedules Filed with Commits
sioners - Contracts and Agreements
with other Companies to Be Filed.
Every common. carrier subject TO the
provisions of this act shall file with the
commission hereinafter provided for copies
of its schedules of rates, fares and charges
which have been established and pub
hshed in compliance with the require
ments of this section, and shall promptly
notify said commission of all changes
made in the same. Every such common
carrier shall also file with said commits
sion copies of all contracts, agreements or
arrangements with other common car
riers in relation to any traffic affected by
the provisions of this act to which it may
be party And in cases where passen-
gers and freight pass over continuous lines
or routes operated by more than one com
mon carrier, and the several common car
rip irpy f.T.1- falA
lish joint tariffs of rates or fares or
charges for such continuous lines or
routes, copies of such joint tariffs shall
also, in like manner, be filed with said
commission. Such joint rates, fares and
charges on such continuous lines so filed
as aforesaid shall be made public by such
common carriers when directed by said
commission, in SO far as may, in the judg-
ment of the commission, be deemed prac-
ticable; and said commission shall from
time to time prescribe the measure of pub
licity which shall be given to such rates,
fares and charges, or to such part of them
as it may deem it practicable for such
common carriers to publish, and the
places in which they shall be published;
but no common carrier party to any such
joint tariff shall be liable for the failure
of any other common carrier party there
to to observe and adhere to the rates, fares
or charges thus made and published.
Failure to File or Publish Rates-Penal-
ties For.
If any such common carrier snail neg
lect or refuse to file or publish its sched-
Iiles or tariffs of rates, fares, and charges
as provided in this section, or any part of
the same, such common carrier shall, in
addition to other penalties herein pre-
scribed, be subject to writ of mandamus,
to be issued by any circuit court of the
United states in the judicial district
wherein the principal office of said COM
mon carrier is situated or wherein such
offense may be committed, and if such
common carrier be foreign corporation,
in the judicial district wherein such COM
mon carrier accepts traffic and has an
agent to perform such service, to compel
compliance with the aforesaid provisions
of this section; and such writ shall issue
in the name of the people of the United
States, at the relation of the commits
sioners appointed under the provisions of
this act; and failure to comply with its
requirements shall be punishable as and
for contempt; and the said commission
ers, as complainants, may also apply, in
any such circuit court of the United
States, for writ of injunction against
such common carrier, to restrain such
| common carrier from receiving or trans
porting property among the several states
and territories of the United States, or be-
tween the United States and adjacent for
eign countries, or between ports of trans
shipment and OF entry in the several
states and territories of the United States,
as mentioned in the first section of this
| act, until such common carrier shall have
complied with the aforesaid provisions of
| this section of this act
| Combinations to Prevent Continuous Car
riage Prohibited.
Sec T. That it shall be unlawful for
any common carrier subject to the pro-
| visions of this act to enter into any COM
| bination, contract, OF agreement, ex-
pressed or implied, to prevent, by change
of time schedule, carriage in different
cars, or by any other means or devices,
| the carriage of freights from being con-
| tinnous from the place of shipment to the
| place of destination; and no break of bulk,
| stoppage or interruption made by such
| common carrier shall prevent the carriage
| of freights from being and being treated
! as one continuous carriage from the place
| of shipment to the place of destination,
unless such break, stoppage, or interrupt
| ton was made in good faith for some
necessary purpose, and without any in
| tent to avoid or unnecessarily interrupt
| such continuous carriage or to evade any
| of the provisions of this act.
Liability for Damages.
Sec. g. That in case any common car
| rier subject to the provisions of this act
| shall do, cause 10 be done, or permit to be
| done any act, matter. or thing in this act
| prohibited or declared TO be unlawful, or
| shall omit to do any act, matter, or thing
| in this act required to be done, such COM
| mon carrier shall be liable to the person or
/ persons injured thereby for the full
amount of damages sustained in eonse-
1 quence of any such violation of the pro-
| visions of this act together with a reason
able counsel OF attorneys fee, to be fixed
by the court in every ease of recovery,
| which attorneys fee shall be taxed and
| collected as part of the costs in the case.
| Complaint to Commissioners or Action
| IN Cpurt-Testimony Compulsory.
Sec 0. That any person or persons
| claiming to be damaged by any common
carrier subject to the provisions of this
act may either rake complaint to the
| commission, as hereinafter provided for,
or may bring suit in his or their own be-
half for the recovery of the damages for
| which such common carrier may be liable
| under the provisions of this act in any dis
trict or circuit court of the United States
of competent Jurisdiction; but such person
or personsshan not have the right TO pur-
sue both of such remedies, and must in
each case elect which one of the two
methods of procedure herein provided for
he or they win adopt. In any such action
brought for the recovery of damages
the court before which the same shall be
pending may compel any director, officer,
receiver trustee or agent of the corpora
ton or company defendant In such suit to
attend, appear and testify in such case,
and may compel the production of the
books and papers of such corporation OF